New Jersey Becomes 19th State to Ban Private Transfer Fees

On Monday, New Jersey became the 19^th state to ban private transfer fees on real estate, also known as “reconveyance fees,” “capital recovery fees” or “home resale fees.”

The fees, the brainchild of a company called Freehold Capital Partners, essentially attach to a home in the development stage, as previously reported on AdvisorOne.com. According to the company, these “capital recovery fees” allow developers to lower the prices of the homes they sell, but each time the home is resold—for a period, generally, of 99 years—the 1% fee must be paid again by the homeowner. Therefore, if a home is resold five times in five years, the fee will be paid five times.

Decried by consumer groups and the National Association of Realtors, among others, the fees attach to the deed of the house and cause problems for sellers—who are often unaware of the existence of the fee till closing—and appraisers and title officers. In a tight real estate market, those opposed say they are one more obstacle to the sale of a home.